On May 5, 2026, the United States Department of Justice filed a lawsuit in federal district court against the City of Denver and the Denver Police Department. The charge: violating the Second Amendment by enforcing a ban on assault-style weapons that has been on the books for 37 years. The lawsuit was filed by the Civil Rights Division, led by Assistant Attorney General Harmeet Dhillon — a former Republican National Committee member and Trump ally now using the government’s most powerful civil rights enforcement arm to protect the right to own an AR-15.
The Ultimatum.
It started with a letter. On April 28, Dhillon wrote to Denver officials informing them that the DOJ intended to sue. The letter demanded that Denver immediately stop enforcing its assault weapons ban, acknowledge the “unconstitutionality of the so-called assault weapon ban,” and enter a court-enforceable consent decree permanently preventing the city from ever restricting assault weapons again.
The letter quoted Justice Clarence Thomas, calling “assault weapon” a “rhetorically charged political term developed by anti-gun publicists.” It argued that AR-15-style rifles are “the most popular rifle in America” and that “law-abiding Americans own and use for lawful purposes literally tens of millions” of them. Therefore, the ban is unconstitutional. Popularity equals legality. That’s the argument.
“We’re here today to let them know that our answer is ‘hell no.’ No, we will not roll back a common-sense policy that has kept weapons of war off of these city streets for 37 years.” — Denver Mayor Mike Johnston
Denver Said No. Then the Lawsuit Dropped.
On May 4, Denver Mayor Mike Johnston held a press conference on the steps of the City and County Building, flanked by police officials and anti-gun-violence activists, to publicly reject the DOJ’s demand. Denver Police Chief Ron Thomas stood beside him. City Attorney Miko Brown sent a letter to the DOJ calling the threat “baseless, irresponsible, and a clear overreach of the federal government’s power.”
Brown pointed to multiple federal court challenges to similar assault weapons bans across the country that have failed. “Therefore, you should not be surprised that the City of Denver will not be voluntarily capitulating to your demands,” he wrote.
The next day, May 5, the DOJ filed the suit.
Denver’s law makes it a crime to “carry, store, keep, manufacture, sell, or otherwise possess assault weapons” within city limits. The banned category includes AR-15-platform rifles, semiautomatic pistols with detachable magazines exceeding 15 rounds, semiautomatic shotguns with capacity over six rounds, and parts that convert firearms into such weapons. The ban has been in place since 1989 — four years before the federal assault weapons ban was enacted, and eight years before it expired.
The Civil Rights Division. For Guns.
This is the part that should make your head spin. The DOJ’s Civil Rights Division was created to enforce the Civil Rights Act of 1964. It was the division that desegregated schools, prosecuted hate crimes, protected voting rights, and fought housing discrimination. Under Trump, it’s being used to sue a city because it doesn’t allow AR-15s.
Harmeet Dhillon was appointed to lead the division in 2025. She’s a former vice chair of the California Republican Party and was a member of the Republican National Committee. She represented Trump’s campaign in election challenges. Now she runs the government office tasked with protecting civil rights — and her definition of “civil rights” includes semiautomatic rifle ownership.
Meanwhile, the same Civil Rights Division has been demanding voter files from 47 states to assist in redistricting that could disenfranchise millions of minority voters. It has pulled back from police consent decrees. It has abandoned pattern-or-practice investigations into police departments. But AR-15s in Denver? That’s the hill.
The DOJ’s Legal Theory.
The lawsuit leans heavily on the Supreme Court’s 2022 decision in New York State Rifle & Pistol Association v. Bruen, which established that gun regulations must be consistent with the nation’s “historical tradition of firearm regulation.” The DOJ argues that because AR-15-style rifles are in “common use for lawful purposes,” banning them violates the Second Amendment under Bruen.
The DOJ’s complaint states: “When the City banned AR-15 style rifles with standard capacity magazines, it banned an arm in common use for lawful purposes by law-abiding citizens.” By this logic, the more people buy a weapon, the harder it becomes to regulate. Mass production creates constitutional protection. The gun industry gets to define what counts as a right.
Denver’s lawyers note that multiple federal courts have rejected this exact argument. Assault weapons bans have survived challenges in the Fourth, Seventh, and D.C. Circuits. Colorado itself passed a statewide assault weapons ban in 2024 (HB24-1292) that is also facing legal challenges but remains in effect.
The Broader Pattern.
This is not an isolated action. In January 2026, the DOJ sent similar warning letters to other jurisdictions with assault weapons bans, including the State of Illinois. The message is clear: the federal government will use its resources to systematically dismantle local gun regulations across the country.
This is also happening as the country reels from a string of high-profile shootings. The White House Correspondents’ Dinner was attacked on April 25. Cole Allen fired at a Secret Service agent. On May 5 — the same day the DOJ filed this lawsuit — another gunman opened fire on Secret Service agents near the National Mall. A teenager was shot. And the DOJ’s priority is suing Denver for having a law that keeps AR-15s off its streets.
Denver’s Mayor Johnston: “Denver’s law has been in effect for 37 years because it is effective, it saves lives, and it embodies the values of our community.”
The DOJ sees it differently. To them, the real civil rights violation isn’t police brutality, voter suppression, or housing discrimination. It’s that Denver won’t let people walk around with assault rifles.
That’s the Department of Justice in 2026.
Sources.
- Denverite: It’s official — Trump administration sues Denver over 37-year-old assault weapon ban — May 5, 2026. DOJ filed suit May 5. Denver Police Chief Ron Thomas; Mayor Mike Johnston “hell no” press conference May 4. City Attorney Miko Brown rejected DOJ demands as “baseless, irresponsible, and a clear overreach.” DOJ quotes Clarence Thomas on “assault weapon” terminology.
- Denverite: Denver defies Trump administration order to repeal assault weapons ban — May 4, 2026. Harmeet Dhillon April 28 letter demanding Denver stop enforcement, acknowledge unconstitutionality, enter permanent consent decree. DOJ offered to delay suit if Denver capitulated. Denver refused.
- Axios Denver: Denver rejects DOJ demand on assault weapons ban — May 4, 2026. Johnston framing it as federal overreach. City claims “clear legal authority” over firearm regulations for public safety. 37 years of enforcement.
- U.S. Department of Justice: Justice Department Sues the City of Denver for Unconstitutional Weapons Bans — May 5, 2026. Official DOJ announcement. “These laws unconstitutionally infringe on the Second Amendment rights of law-abiding citizens to keep and bear arms in common use for lawful purposes.”
- ABC World News Tonight: May 5, 2026 broadcast — May 5, 2026. Coverage of National Mall shooting (same day as DOJ Denver lawsuit filing), gas prices at $4.52, and Cole Allen grand jury indictment with additional charge of assaulting an officer.